Employment Appeal Tribunal Upholds Unfair Dismissal Finding in Dyslexia Discrimination Case
The Employment Appeal Tribunal has upheld a finding of unfair dismissal while allowing an appeal against harassment and indirect discrimination rulings in a disability case.
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The Employment Appeal Tribunal (EAT) has delivered its judgment in the case of NSL Ltd v Mr D Bean, a complex matter involving allegations of unfair dismissal and disability discrimination. The case centered on a long-serving Civil Enforcement Officer with severe dyslexia who was dismissed for alleged gross misconduct.
Background of the Case
Mr Bean was dismissed by NSL Limited following allegations that he had falsified his location records during a patrol. Throughout the disciplinary process, the claimant argued that his dyslexia hindered his ability to engage with the evidence provided. He specifically raised concerns regarding the clarity of technical data, the lack of support for his disability, and a requirement to sign handwritten investigation notes that he could not read.
Employment Tribunal Findings
The original Employment Tribunal found the dismissal to be unfair, citing deficiencies in how the allegations and evidence were presented. While the tribunal acknowledged that Mr Bean had committed gross misconduct, it ruled that the procedural failings rendered the dismissal unfair. Consequently, it reduced his compensatory award by 100% due to the claimant's conduct but declined to reduce the basic award.
Furthermore, the tribunal upheld claims of indirect disability discrimination, failure to make reasonable adjustments, and disability-related harassment regarding the requirement to sign incomprehensible notes.
EAT Ruling
On appeal, Her Honour Judge Tucker dismissed the challenge against the unfair dismissal finding. The EAT confirmed that the tribunal was entitled to conclude the dismissal was unfair, notwithstanding the appeal process. The court also upheld the finding that NSL Ltd failed to make reasonable adjustments by not allowing the claimant to take notes away for review.
However, the EAT allowed the appeal in relation to indirect discrimination and harassment. It found that the original tribunal failed to properly determine group disadvantage and conflated distinct legal tests. The court also noted that the tribunal did not adequately explain how the alleged harassment related to the claimant's disability or meet the statutory requirements under the Equality Act 2010.
The case has been referred for further submissions on disposal.
Read the entire judgment here: NSL Ltd v Mr D Bean [2026] EAT 132
